Friday, December 11, 2015

We at PEAR fully support the 2015 Adoptee Citizenship Act (S.2275). This Act is a critically needed piece of legislation pertaining to the lives of thousands of adults who were brought to the US for adoption as children, were never fully naturalized as citizens by their adoptive parents, and then fell through the cracks of the Child Citizenship Act of 2000. These adults now face risk of deportation and cannot fully participate as citizens in U.S. society: they cannot vote or obtain passports, and often face difficulties in opening bank accounts, securing financial aid, obtaining a driver's license, joining the military, obtaining marriage licenses, and finding jobs. The 2015 Adoptee Citizenship Act closes the loophole created in the Child Citzenship Act of 2000, which failed to include those over age 18 at the time the Act came into effect when granting automatic citizenship. While the Act does not resolve all citizenship loopholes for internationally adopted adults, it is a major step forward in equality and justice for many.

As always, PEAR suggests that individuals exercise caution and restraint in making decisions and taking any action in support or opposition to any legislation until they have fully educated themselves on the purpose and impact of it. We recommend that you read the actual bill, the current laws it will change, and the opinions of a variety of commentators, both for and against any legislation.

Wednesday, June 17, 2015

On June 2, 2015, the Department of State issued a new alert
which supersedes the alert of October 6, 2014.This
newest alert strongly recommends against adopting from the Democratic
Republic of the Congo (“DRC”) at this time.This warning is separate from any potential ending of the
current suspension on the issuance of exit letters. The Department of State
noted that pending legislative changes could invalidate or suspend any
future adoption decrees.http://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices/DRC15-06-02.html

5.Program growing too quickly without being tested for stability
and capacity

6.Inconsistent andinexplicable fees

PEAR continues to stand behind this statement, as the past two
and a half years has only seen an increase in the corruption and unethical behavior
that prompted the statement in the end of 2012.

In addition, PEAR alerted adoptive parents (“APs”) of
a failed attempt by American families to take their adopted Congolese children
out of DRC without authorization by the Congolese government in September 2014
(http://pear-now.blogspot.com/2014/09/american-families-caught-attempting.html).Since
this time, PEAR has received reports of increased smuggling of adopted children
by U.S. citizens out of DRC.PEAR strongly opposes such actions and reminds all APs that U.S.
citizens adopting from foreign countries are required to obey the laws and
regulations of the sending countries.

In a November 2014 alert, the Department of State specifically
addressed the question of whether there was a method by which Americans could
bring their adopted children to the U.S. other than with an exit letter
obtained from Congolese immigration authorities (DGM) in Kinshasa. Their response was unequivocal:"No.
Congolese law requires you to obtain an exit permit for your child. Once your
I-600 has been approved and an orphan review is complete, the U.S. Embassy will
schedule your visa interview. Please be advised that once you have a U.S. visa
for your adopted child, you still must obtain an exit permit for your child to
leave the DRC. We want to be clear that any attempts to leave DRC with your
child without an exit permit could violate local law and significantly jeopardize
the status of pending and future adoption cases between DRC and the United
States. We understand the hardship for you and your children as the suspension
period remains undefined. We believe that this current uncertainty could make
adoptive families more vulnerable to solicitations by individuals or
organizations offering inappropriate or illegal means of assistance. If you are
approached with offers to help bring your children home that do not include
obtaining exit permits by the appropriate DGM office in Kinshasa, we strongly
recommend that you inform the U.S. Embassy and ask for clarity on the legality
of the proposal before taking any action." (http://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices/DRC14-11-03.html)

Despite this clearly-worded statement, American families
continue to either take or have their adopted children taken out of DRC without
exit letters issued by DGM Kinshasa. This may include the use of bribes,
fraudulent paperwork, and/or illegally moving children across international
borders. These actions are in violation
of Congolese law and/or policy (http://www.dgm.cd/infos.php),
and are plainly contrary to the goal of ethical adoptions. PEAR strongly condemns the removal of adopted
children from Congo in violation of the exit letter suspension.

Wednesday, January 7, 2015

On January 6, 2015, the Council on Accreditation (COA) suspended the accreditation of Faith International Adoptionsfor a minimum of 15 days and until appropriate corrective action has taken place. COA is the Department of State’s designated accrediting entity for adoption service providers under the Hague Adoption Convention (Convention), the Intercountry Adoption Act of 2000 and the Intercountry Universal Accreditation Act (UAA). The suspension is due to COA’s finding that Faith International Adoptions failed to maintain substantial compliance with the accreditation standards at 22 Code of Federal Regulations Part 96 Subpart F. For more information regarding this suspension please refer to information on substantiated complaints and adverse actions on the Council on Accreditation’s website.

As a result of this suspension, Faith International Adoptionsmust cease to provide all adoption services in connection with intercountry adoption cases for the period of suspension and until corrective action has been taken. Please note that this suspension affects Faith International Adoptions ability to provide adoption services in both Convention cases and non-Convention cases subject to the UAA. Faith International Adoptions has adoption programs in Ghana, China, India, and Japan, and has provided adoption services in a number of other countries in which it does not have an established program. Persons with an open case with Faith International Adoptionsshould contact the adoption service provider directly to find out how the suspension will affect their adoption services.

Monday, January 5, 2015

The China Center for Children’s Welfare and Adoption (CCCWA) recently announced changes to their intercountry adoption procedures. The changes that apply to prospective adoptive parents (PAPs) in China fall into three broad categories: 1) the eligibility requirements for PAPs, 2) post-placement requirements, and 3) China’s fees for intercountry adoption. These changes are effective January 1, 2015.

Changes to the PAP eligibility requirements:a. The CCCWA will now allow couples in which the individuals are over 50 years of age to adopt a child. The age difference between the child and the younger spouse, however, should be no more than 50 years. Single females must be no more than 45 years older than the child they wish to adopt. Additionally, single females are now permitted to adopt non-special needs children.b. The CCCWA has identified additional medical conditions that would make a PAP ineligible to adopt, including being HIV-positive. For additional information on conditions that would make a PAP ineligible to adopt, please see the section, Who Can Adopt, in our Country Information Sheet for China. The CCCWA also added multiple sclerosis to the list of severe diseases that require long-term treatment and that may affect life expectancy. However, CCCWA indicated that if one of the parents is healthy, and the other parent’s medical condition is manageable with treatment, it will consider an exemption to that ineligibility. Given the complexity of these issues, the Department of State advises all PAPs to seek guidance directly from the CCCWA regarding the changes to the medical ineligibilities for PAPs. Contact information for CCCWA may be found on the last page of our Country Information Sheet for China.c. The CCCWA also provided clarification on income requirements. China still requires that an adopting family's annual income equal at least $10,000 for each family member in the household (including the child to be adopted). CCCWA indicates, however, that this requirement may be relaxed where a family’s annual income is less than $10,000 per family member, but is above the average local living standards of the jurisdiction of residence, and the PAPs can provide valid certification to that effect. The CCCWA also requires PAPs to receive pre-adoption training from their U.S. accredited adoption service provider.d. Adopting couples are no longer restricted to having fewer than five children under the age of 18 living in their home.

Changes to post-placement requirements:a. For cases issued a Notice of Coming to China for Adoption after January 1, 2015, CCCWA requires PAPs to submit post placement reports six months, one year, two years, three years, four years, and five years after the adoption registration. b. The first three reports must be prepared by the social workers who prepared the home study. The last three reports may be written by the families themselves.

Changes to adoption fees charged by CCCWAa. Adoption applications are now $1,110. The fee to adopt a step-child is $800 per application.

This information will be incorporated into our Country Information regarding China. The Department of State advises PAPs and ASPs to contact the CCCWA directly regarding the potential impacts of these changes to each PAPs specific situation. For any further information, please contact the Office of Children’s Issues by telephone at 1-888-407-4747 (toll free) or 202-501-4444 (from overseas) or by e-mail at AdoptionUSCA@state.gov.

Monday, October 6, 2014

In light of the DRC’s September 26, 2014 announcement that its exit permit suspension for adopted children remains in effect indefinitely, the Department of State has asked all adoption agencies to cease referring new DRC adoption cases for U.S. prospective adoptive parents at this time. The Department of State strongly recommends against initiating an adoption in the DRC at this time, as adoptive children cannot leave the DRC without an exit permit issued by the DRC’s Directorate of General Migration, even with a finalized adoption.Congolese courts continue to issue adoption decrees under existing Congolese law, despite the exit permit suspension.

We continue to press the DRC government on lifting the suspension so that Congolese children with finalized adoptions waiting for an exit permit can join their adoptive families as soon as possible.We are committed to working with the DRC government to address their concerns and continue to advocate for opportunities to engage on long-term adoption reforms in the DRC.

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PEAR will be bringing to you the viewpoints of guest bloggers on topics relevant to adoption ethics, education, and reform. If you have a topic to suggest, or someone you would like to hear from, please contact us at: reform@pear-now.org.